Neyaj Mian @ Guddu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.4471 of 2018 Arising Out of PS. Case No.-387 Year-2017 Thana- MUFFASIL District- West Champaran ====================================================== Neyaj Mian @ Guddu Son of Mustakim Mian, Resident of VillageGurwaliya Kachari Tola, Police Station- Bettiah Muffasil (Manuapul) O.P., District- West Champaran.
... ... Appellant/s
Versus
The State Of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Sanjay Kumar No.-7, Advocate For the Respondent/s :
Mr. Binay Krishna, SPP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL JUDGMENT Date : 06-02-2019 Heard learned counsel for the parties.
By order dated 02.02.2018, passed in Criminal Appeal (SJ) No. 3608 of 2017 the appellant was refused bail by this Court with direction to the trial-court to conclude the trial preferably withing nine months.
The appellant challenged the aforesaid order before the Hon'ble Supreme Court in SLP (Crl) No. 3161 of 2018 and on 17.04.2018 the aforesaid SLP was dismissed as withdrawn. The report of the learned trial Judge would reveal that seven prosecution witnesses named in the charge-sheet have already been examined. Only two witnesses are yet to be examined.
Learned counsel for the appellant submits that the
Patna High Court CR. APP (SJ) No.4471 of 2018 dt.06-02-2019 2/2 appellant is in custody since 15.09.2007. Only material against the appellant is confession before the police and allegation of last seen as the appellant and deceased had gone together on a motorcycle.
Considering the fact that the trial is likely to be concluded, I am not inclined to enlarge the appellant on bail. The Court-below is directed to conclude the trial within four months, failing which shall assign special reason for nonconclusion of the trail. No unnecessary adjournment shall be allowed to any of the parties.
Accordingly, this appeal is dismissed.
(Birendra Kumar, J) Mkr./BantiAFR/NAFR NAFR CAV DATE NA Uploading Date 07.02.2019 Transmission Date 07.02.2019